Papuans Behind Bars: November 2013

In brief

At the end of November 2013, there were at least 71 political prisoners in Papuan jails. 112 political arrests were made this month in three separate cases, bringing the total number of arrests so far this year to 537. This represents a 165% increase in the number of political arrests as compared with the same period in 2012, signalling a significant deterioration in the environment for free expression and assembly in Papua.

The police response to increasingly organised and coordinated demonstration activities across Papua is of concern this month, including several mass arbitrary arrests, repeated use of excessive force, blocking lawyers from accessing detainees, cruel and degrading treatment of detainees, and arrest and coercion of student activists to sign agreements to stop demonstrating.

Students of Cenderawasih University (UNCEN) have become locked in a bitter battle with university authorities over the involvement of lecturers in the drafting of a controversial revamp of the Special Autonomy bill. University authorities appear to be actively inviting police to suppress political activity on campus, leading to numerous arrests and beatings of students. A number of Papuan leaders have expressed concern at what they perceive as police efforts to systematically close down political space, particularly ahead of significant dates such as 1 May and in this case 1 December.

On 26 November 80 people were arrested in four different cities during demonstrations in support of the opening of a Free West Papua Campaign office in Papua New Guinea and the Sorong to Samarai campaign. One demonstrator was killed and three others have disappeared.

The trial for the six 1 May Biak detainees continue and mentally ill prisoner Yohanes Boseren remains in detention despite his condition. Human rights lawyers and NGOs have called for his release. Investigations continue into the case of four community leaders in Sorong who face charges of conspiracy to commit treason.

Arrests

Otsus Plus demonstration arrests

On 7 and 8 November, Cenderawasih University (UNCEN) university students took part in demonstrations against the redrafting of the Special Autonomy law, known as Otsus Plus. As reported by Papuan news site Majalah Selangkah, hundreds of demonstrators had taken part in a long march from Abepura to the Governor’s office in Jayapura city, and returning to the UNCEN campus, calling on the 29 lecturers involved in drafting the Special Autonomy bill to present the draft publically.

During demonstrations on 7 November, Yason Ngelia, an UNCEN student active in leading demonstrations, and 14 other student demonstrators were arrested. They were detained in Jayapura Regional police station and were released the following day at 02:00 with the exception of Yason Ngelia, who remains in detention. Police reportedly stated that Ngelia was arrested on the basis of an alleged crime that had occurred on the UNCEN campus. The 14 students were released only after they were forced by police authorities to sign statements promising to cease demonstrations, particularly on the UNCEN campus. This demand was reportedly made at the request of the UNCEN Provost.

On 8 November, around 100 students from various universities in Jayapura gathered at an auditorium in UNCEN to demand that the Provost and vice-Provost of UNCEN force the 29 lecturers involved in drafting the Otsus Plus bill to present the draft publically. The student demonstrators also demanded accountability for the ill treatment of Yason Ngelia in detention. At around 12:00, Jayapura Regional police officers arrived in two trucks, arresting and severely beating 16 demonstrators.

The 16 demonstrators arrested were detained in Jayapura Regional police station overnight, with 12 of them being released the following day. Police had reportedly tried to coerce the 12 activists in signing a statement saying they were treated well in detention and that they would not demonstrate again, but intervention from human rights lawyers prevented this. Reports from human rights lawyers state that all 16 men were denied food in detention on 8 November. The following day on 9 November, the four remaining detainees – Alfares Kapisa, Benny Hisage, Abraham Demetouw and Danny Kosamah – were moved to Jayapura North district police station due to overcrowding. They were reportedly only given food at 17:00 on 10 November, around 53 hours after their arrest. Lawyers attempts to visit the four detainees have so far been blocked by the police. Authorities from both Jayapura Regional police station and Jayapura North district police station told lawyers that they needed permission from the criminal detective police handling the case to gain access to the four detainees. At the request of the vice-Provost of UNCEN, the four men were bailed on 24 November but are still under investigation and obliged to report to the police.

On 28 November, human rights lawyers managed to secure a five minute visit with Ngelia, after initially being blocked by police at Jayapura Regional police station and undergoing a long process of negotiation with one of the senior officers. Upon their visit, they found that police had forcibly shaved his head and ordered three other detainees to beat him, resulting in a black eye. This is not a new strategy in dealing with political prisoners. An account by an ex-political prisoner stated that police guards would force detainees to beat each other if they had done anything that displeased the guards. Lawyers have submitted a letter protesting this ill-treatment to the Jayapural Regional police and have also demanded accountability and an evaluation into the incident.

Ex-political prisoner Yusak Pakage expressed disappointment at the arrests of Yason Ngelia and other university students, and called for a dialogue between civil society and the authorities, including the Cenderawasih University Provost, Papuan Peoples’ Assembly (Majelis Rakyat Papua, MRP), the Papuan Legislature (Dewan Perwakilan Rakyat Papua, DPRP) and the Governor.

KNPB fifth anniversary in Merauke

According to a report from local activists, at around 09:20 on 19 November, the Secretary of the Woyu Makleuw Clan Council, Yohakim Gebze was stopped by five police officers as he was on his way to the Merauke KNPB Secretariat for a prayer session to celebrate the fifth anniversary of the West Papua National Committee (Komite Nasional Papua Barat, KNPB). Officers reportedly told him that he could not attend the prayer session as he did not have a permit, searched his bag, and brought him to Merauke Regional police station on the basis of his carrying an ink stamp belonging to the Woyu Makleu clan council. Upon hearing of his arrest, 10 KNPB activists headed to the police station to secure his release. He was released from detention two hours after his arrest.

Demonstrations in support of Sorong to Samarai campaign and FWPC office in PNG

Demonstrations were held on 26 November across Papua in support of the opening of a Free West Papua Campaign (FWPC) office in Papua New Guinea, and the launch of the Sorong to Samarai campaign. The campaign is run by Powes Parkop, the Governor of Port Moresby, and aims to gather signatories from across Papua New Guinea in support of West Papua’s membership application to the Melanesian Spearhead Group (MSG). Police responded with excessive use of force followed by 80 arrests, the death of one demonstrator, the disappearance of four others and nine people hospitalised for injuries sustained in clashes.

Jayapura

According to information received by a local human rights source and various Papuan media reports, on 25 November, 16 KNPB members were arrested in front of UNCEN campus for giving out leaflets regarding demonstrations planned for the following day. They were beaten on arrest and items, including books and bags were confiscated by police. All 16 were held for four hours at the Jayapura Regional police station, threatened with charges of incitement and warned not to participate in demonstrations planned for the next day.

On 26 November, 28 demonstrators including 3 women were arrested in Waena during demonstrations that were heavily guarded by 500 security personnel. Demonstrators had planned to begin a long march at 13:00, but this was interrupted by police who moved in to confiscate the sound system set up for the march. Police informed KNPB leader Buchtar Tabuni who was leading the demonstration that the KNPB members could retrieve the confiscated items from Abepura Municipal police office. According to information received from a credible human rights source, as the demonstrators were on their way to the police office to retrieve the confiscated sound system equipment, several Baraccuda tanks and police trucks began charging at high speed towards the demonstrators. Demonstrators reportedly responded in panic by arming themselves with stones and wooden sticks. According to this report and similar information received from a source at the demonstration, police in the Baruccuda tanks started firing shots at the demonstrators at around 13:30. Demonstrators then reportedly responded by throwing sticks and stones at the tanks. Police continued firing at and chasing demonstrators, forcibly dispersing the crowd. Information from local human rights sources stated that nine people were hospitalised as a result of the clashes.

The 28 demonstrators detained were brought to Jayapura Regional police station. Human rights lawyers who visited the detainees discovered the 25 male detainees covered in bruises after being beaten. One detainee struggled to stand when called forward to identify himself, indicating that the beatings were severe. 16 of the detainees were released shortly after, while 12 have been charged with Article 170 and 135 of the Indonesian Criminal Code and the Emergency Law 12/1951 for possession of homemade weapons and ammunition. The 12 detainees are Pendius Tabuni, Muli Hisage, Karmil Murib, Tomius Mul, Nikson Mul, Nius Lepi, Tinus Meage, Mathius Habel, Agus Togoti, Natan Kogoya, Nikolai Waisal and Penius Tabuni.

On 28 November, human rights lawyers were denied access to the detainees at Jayapura Regional police station. When they confronted authorities and informed them of the need to obtain authorisation from the 12 detainees in order to legally represent them, the lawyers were informed of the charges but denied access. According to the latest information received, lawyers have not yet been able to gain access to the 12 detainees.

Information from local sources and several Papuan media outlets report the death of one demonstrator and the disappearance of four others. A report by a local human rights investigator detailed the eyewitness account of the death of Matius Tengget, who was reportedly beaten to death and then later dumped in Lake Sentani by police. Local activists report four other KNPB members missing, who are feared to have been killed and their bodies disposed of. Jayapura police have stated that they are looking into the whereabouts of KNPB leader Buchtar Tabuni and KNPB spokesman Wim Rocky Medlama who they regard as responsible for the demonstration. According to a report received by a human rights worker present at the demonstration and an article by local NGO Alliance for Democracy for Papua (Aliansi Demokrasi untuk Papua,ALDP), there were instances of intimidation and beating of journalists and human rights workers who were reporting on the demonstration. One journalist from Suluh Papua was hit on the head by police, while two other journalists and one human rights worker were threatened and harassed.

Timika

According to a report by local sources, at 8:30 on 26 November 2013, 32 KNPB members were arrested during a gathering at the grave of Kelly Kwalik, an assassinated leader of theTPN (West Papua National Liberation Army, Tentera Papua Nasional) when TNI/Polri attempted to disperse the crowd that had attended the gathering. The 32 men were held in Mimika Regional police station until 17:00. When other KNPB members attempted to secure their release, police allegedly told them that the 32 men were arrested as they did not have permission to demonstrate.

Sorong

Papuan news site Radar Sorong reported the arrests of three KNPB members who participated in a demonstration on 26 November in support of the FWPC office in Papua New Guinea and the Sorong to Samarai campaign. They were detained for several hours in Sorong Regional police station. Police had allegedly told them that they did not have permission to demonstrate.

Fak-Fak

On 26 November, Arnoldus Kocu, Chairman of KNPB Fak-Fak, was arrested due to his involvement in a demonstration. KNPB activists faced intimidation from security forces who searched their handphones and searched them for sharp weapons. Kocu was detained for questioning by police but released on the same day. However, local activists report that the next day, Kocu was charged under Article 335 for offensive behaviour and has been warned that he will be charged with Article 216 for deliberate intent of disobeying official command if he does not cooperate with police investigations.

Releases

There were no reported releases in November 2013.

Political trials and cases overview

Biak 1 May case continues

The trial for Yohanes Boseren, one of the six detainees in the Biak 1 May case, has been temporarily suspended due to Boseren’s mental illness. Even though Boseren was sent to Abepura Mental Health Hospital on 14 November to receive treatment, he was returned to Biak prison two days later. During a hearing on 20 November, a letter issued by doctors at the Abepura Mental Hospital regarding Boseren’s condition was presented. The letter contained observations conducted during his treatment from 14 to 16 November, which concluded that Boseren had suffered traumatic head injury from beatings he had endured on arrest six months ago, causing him to now experience post-traumatic stress disorder, and a form of organic mental disorder.

The Public Prosecutor stated during the hearing that they would coordinate between the prison authorities and doctors at Abepura Mental Health Hospital to provide medical supplies for Boseren. Human rights lawyers have submitted an appeal for consideration, reasoning that Boseren should be released from prison and given treatment at Abepura mental health hospital due to limited facilities in Biak prison. The judge replied that Boseren should be referred to Abepura Mental Hospital and returned to Biak prison once he is better. According to the latest information received, Boseren remains in detention in Biak prison.

When human rights lawyers visited the six detainees on 20 November, they found Boseren to be in a bad condition, appearing physically weak. He seemed confused, would sporadically laugh for no reason and was not able to answer questions posed to him. Human rights lawyers and NGOs are calling for his immediate and unconditional release. London-based NGO TAPOL has issued an urgent appeal urging authorities to drop all charges against the six Biak 1 May detainees.

On 19 October, the Biak activist Piethein Manggaprouw was arrested for his involvement in a peaceful demonstration commemorating the second anniversary of the Third Papuan Congress. According to a local source, the trial for Piethein Manggaprouw will begin on 18 December. Information from the same source also reported that Manggaprouw is being denied food, with prison authorities giving him only one meal a day. This has reportedly severely affected his physical health.

Verdict delivered for four detainees in Sarmi arrests case

Information received from local human rights lawyers states that the verdicts for the four detainees in the Sarmi arrests case have been delivered. On 7 November, Alex Makabori, Sileman Teno and Niko Sasomar received a prison sentences of two years and two months, while Daniel Norotouw received a one-year prison sentence. The four men have decided not to submit an appeal against the sentences. The Public Prosecutor had previously demanded for a prison sentence of four years’ for Makabori, Teno and Sasomar, and a one-year prison sentence for Norotouw. They have been in detention since 3 March 2013, and were charged with possession of weapons and conspiracy to commit violence under Article 110 of the Criminal Code and Article 2 of the Emergency Law 12/1951.

While in detention, the four men allegedly faced intimidation and death threats from police officials and were denied access to lawyers. According to their version of events as recorded in an interview with a local human rights activist, the four men were arrested due to their plans to carry out a socialisation for residents in Sarmi, aimed at raising awareness of upcoming political activities planned to commemorate 1 May, a date marking the administrative transfer of Papua to Indonesia. The four men are currently serving their sentences in Abepura prison.

Investigations into four community leaders in Sorong continue

According to an article by ALDP, police investigations continue into the case of four community leaders in Sorong charged with conspiracy to commit treason. Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klaskok were arrested on 28 August 2013 after a prayer session and statement to the press in solidarity with the Freedom Flotilla, at Maranatha Church in Sorong.

Police investigators stated that they have collected witness testimony from eight people, including the wife of one of those suspected, Yohanis Goram Gaman. A police spokesman also stated that the wives of the other suspects will also be examined and that they will continue to examine more eyewitnesses, including participants of the prayer session on 28 August and those who accompanied the four detainees when they were detained for questioning. Investigators also reportedly received testimony from three people in Jakarta. The four men continue to report to the police every Tuesday and Thursday. They have expressed concern about the potential involvement of their wives as witnesses in the case.

News

Three PNG nationals arrested during Port Moresby rally

On 1 December, Fred Mambrasar, Tony Fofoe and Patrick Kaiku were arrested in Port Moresby, Papua New Guinea for their involvement in a flag-raising ceremony to mark 1 December 1961, when the Morning Star flag was raised for the first time and a date Papuans consider to be their national day. Governor Powes Parkop had told the Guardian Australia that the three men were targeted “due to undue pressure from the Indonesian government.” Parkop also leads the Sorong to Samarai campaign, which aims to gather signatories from across Papua New Guinea in support of West Papua’s membership application to the Melanesian Spearhead Group (MSG).

* Apolos Sewa, Yohanis Goram Gaman, Amandus Mirino and Samuel Klasjok are currently facing charges of conspiracy to commit treason. Even though they were bailed a day after their arrest, they are currently undergoing investigation and are vulnerable to arrest. They are currently obliged to report to the police twice a week.

**Even though Edison Kendi and Yan Piet Maniamboi have now been released from detention, they are still currently facing a prison sentence of 2 years’ and 18 months’ imprisonment respectively. The verdict is currently being appealed. As reported in our September update, Kendi was again detained and questioned in relation to peaceful demonstrations before being released.

Papuans Behind Bars aims to provide accurate and transparent data, published in English and Indonesian, to facilitate direct support for prisoners and promote wider debate and campaigning in support of free expression in West Papua.

Papuans Behind Bars is a collective effort initiated by Papuan civil society groups working together as the Civil Society Coalition to Uphold Law and Human Rights in Papua. It is a grassroots initiative and represents a broad collaboration between lawyers, human rights groups, adat groups, activists, journalists and individuals in West Papua, as well as Jakarta-based NGOs and international solidarity groups.

More than 40 organisations in West Papua, Jakarta and worldwide have brought their analysis on the human rights and conflict situation in West Papua together. The executive summary of the 218-pages report explains how several human rights standards have deteriorated over the last two years. The report is compiled by the International Coalition for Papua (ICP) and the German Westpapua-Netzwerk (WPN).

Political activist, Oktovianus Warnares was convicted of “rebellion” (makar) in 2013 after peacefully commemorating the 50th anniversary of the handover of Papua to the Indonesian government. He is a prisoner of conscience and should be immediately and unconditionally released.